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S4652 - Details

Law Section:

General Business Law

Laws Affected:

Add §391-oo, Gen Bus L

S4652 - Summary

Regulates the sale of methamphetamine precursor drugs.

S4652 - Sponsor Memo

BILL NUMBER:S4652
TITLE OF BILL: An act to amend the general business law, in relation
to the sale of over-the-counter methamphetamine precursor drugs
PURPOSE OR GENERAL IDEA OF BILL:
To implement an electronic tracking system on the sale of products
containing pseudoephedrine, or ephedrine. This system will communicate
in real time, across state lines and produce a stop sale notification
to the seller of the product.
SUMMARY OF SPECIFIC PROVISIONS:
Creates a new section in the general business law, Section 391-oo,
including but not limited to, the following provisions:
- limits the over the counter sale to packages containing not more
than 3.6 grams of one or more methamphetamine precursor drugs, not to
exceed 9 grams within a 30 day period;
-requires presentation of valid, government issued, photo
identification;
-requires the buyer to sign a written or electronic logbook to be
retained by the seller, which the seller shall maintain for at least

three years and be open to inspection by law enforcement;
-requires a retailer, before completing a sale, to electronically
submit the required information to the real-time, stop-sale system
administered by the division of state police
-retailers are only required to participate as long as the system is
provided free of charge;
-imposes civil penalties on those who sell methamphetamine precursor
drugs in violation of this law;
-provides immunity for retailers that violate this section without
negligence, wantonness, recklessness, or deliberate misconduct;
-the real-time, stop-sale system is capable of generating a stop sale
alert, which is a notification that completion of the sale would
result in the retailer or purchaser violating the quantity limits set
forth in this section. The retailer shall not complete the sale if the
system generates a stop sale alert, unless threatened by imminent
bodily harm.
JUSTIFICATION:
In 2005, the federal government enacted the Combat Methamphetamine
Epidemic Act of 2005 (CMEA), which regulates retail over-the-counter
sales of ephedrine, pseudoephedrine, and phenylpropanolamine products
because of their use in the manufacture of illegal drugs, specifically
methamphetamine. They are also common ingredients used to make cough,
cold, and allergy products. Retail provisions of the CMEA include
daily sales limits and 30-day purchase limits, Placement of product
out of direct customer access, sales logbooks, customer ID
verification, employee training, and self-certification of regulated
sellers. Such legislation is necessary because it is common for
persons manufacturing methamphetamine to recruit other people to
purchase these precursors. While the CMEA has been helpful to law
enforcement when investigating persons suspected of manufacturing
methamphetamine, because no such provisions exist in state law, local
law enforcement and district attorney's offices cannot pursue
violations of purchase limits.
States have led the effort to address the rapid growth of clandestine
methamphetamine labs and methamphetamine abuse, by passing laws
similar to the CMEA regulating the sale of drugs containing
methamphetamine precursors. In fact, nearly all states have passed
laws regulating the sale of precursors to methamphetamine. New York's
laws regarding methamphetamine are found in the penal code, but such
provisions are limited to possession of precursors and manufacturing
materials and actual methamphetamine production. As almost every other
state has done, this bill codifies many of the same standards found in
the CMEA, in an effort to thwart the "spider-web" process that occurs
when methamphetamine manufacturers send multiple people out to
purchase precursors on their behalf. Furthermore, participation in an
electronic tracking system has already been implemented by 26 states.
The U.S. Department of Justice claims that states that have enacted
similar or more restrictive retail regulations have seen a dramatic
drop in small clandestine labs.
PRIOR LEGISLATIVE HISTORY:
S.6866-B of 2012
FISCAL IMPLICATIONS:
None. The real-time, stop-sale system shall be free of charge to the
retailer.
This system is fully funded by the Consumer Healthcare Products
Association (CEPA), which is a member-based organization of
manufacturers and distributors of non-prescription, over-the-counter
medicines and supplements.
EFFECTIVE:
This act shall take effect January 1, 2014. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
to be made on or before such date.

S T A T E O F N E W Y O R K
________________________________________________________________________
4652
2013-2014 Regular Sessions
I N S E N A T E
April 17, 2013
___________
Introduced by Sens. VALESKY, DeFRANCISCO, GRIFFO, LIBOUS, YOUNG -- read
twice and ordered printed, and when printed to be committed to the
Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the sale of
over-the-counter methamphetamine precursor drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-oo to read as follows:
S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF THIS SECTION:
(A) "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY COMPOUND, MIXTURE,
OR PREPARATION CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE AS ITS SOLE
ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS; AND
(B) "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED TO BE USED BY
LAW ENFORCEMENT AGENCIES AND PHARMACIES OR OTHER BUSINESS ESTABLISHMENTS
THAT:
(A) IS INSTALLED, OPERATED, AND MAINTAINED FREE OF ANY ONE-TIME OR
RECURRING CHARGE TO THE BUSINESS ESTABLISHMENT OR TO THE STATE;
(B) IS ABLE TO COMMUNICATE IN REAL TIME WITH SIMILAR SYSTEMS OPERATED
IN OTHER STATES AND SIMILAR SYSTEMS CONTAINING INFORMATION SUBMITTED BY
MORE THAN ONE STATE;
(C) COMPLIES WITH THE SECURITY POLICY OF THE CRIMINAL JUSTICE INFORMA-
TION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION;
(D) COMPLIES WITH INFORMATION EXCHANGE STANDARDS ADOPTED BY THE
NATIONAL INFORMATION EXCHANGE MODEL;
(E) USES A MECHANISM TO PREVENT THE COMPLETION OF A SALE OF A PRODUCT
CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR NON-PSEUDOEPHEDRINE THAT WOULD
VIOLATE STATE OR FEDERAL LAW REGARDING THE PURCHASE OF A PRODUCT
CONTAINING THOSE SUBSTANCES; AND
(F) IS EQUIPPED WITH AN OVERRIDE OF THE MECHANISM THAT:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08144-01-3

S. 4652 2
(I) MAY BE ACTIVATED BY AN EMPLOYEE OF A BUSINESS ESTABLISHMENT; AND
(II) CREATES A RECORD OF EACH ACTIVATION OF THE OVERRIDE.
2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL TO THE SAME PERSON, AND A
PERSON SHALL NOT PURCHASE, PRODUCTS CONTAINING MORE THAN THREE AND SIX
TENTHS GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY DAY PERIOD OF
EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR ISOMERS. THE LIMITS SHALL
APPLY TO THE TOTAL AMOUNT OF EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED IN
THE PRODUCTS, AND NOT THE OVERALL WEIGHT OF THE PRODUCTS.
3. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE METHAMPHETAMINE
PRECURSOR DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM, CORPORATION,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY
SHALL:
(A) REQUIRE ANY PERSON PURCHASING A NONPRESCRIPTION PRODUCT THAT
CONTAINS PSEUDOEPHEDRINE OR EPHEDRINE TO PRESENT VALID GOVERNMENT ISSUED
PHOTO IDENTIFICATION AT THE POINT OF SALE.
(B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION
TYPE AND NUMBER, SUCH AS DRIVER LICENSE STATE AND NUMBER, AND REQUIRE
THE PURCHASER'S SIGNATURE IN A ELECTRONIC OR PAPER LOGBOOK.
4. BEGINNING JANUARY FIRST, TWO THOUSAND FOURTEEN, A PERSON, FIRM,
CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR
OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER THIS SECTION, ELEC-
TRONICALLY SUBMIT THE REQUIRED INFORMATION TO THE REAL-TIME STOP SALE
SYSTEM ADMINISTERED BY THE DIVISION OF STATE POLICE; PROVIDED THAT THE
SYSTEM IS AVAILABLE WITHOUT A CHARGE TO RETAILERS FOR ACCESS. ABSENT
NEGLIGENCE, WANTONNESS, RECKLESSNESS, OR DELIBERATE MISCONDUCT, ANY
RETAILER UTILIZING THE ELECTRONIC SALES TRACKING SYSTEM IN ACCORDANCE
WITH THIS SUBDIVISION SHALL NOT BE CIVILLY LIABLE AS A RESULT OF ANY ACT
OR OMISSION IN CARRYING OUT THE DUTIES REQUIRED BY THIS SECTION AND
SHALL BE IMMUNE FROM LIABILITY TO ANY THIRD PARTY UNLESS THE RETAILER
HAS VIOLATED ANY PROVISION OF THIS SECTION IN RELATION TO A CLAIM
BROUGHT FOR SUCH VIOLATION.
(A) IF A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SELLING A NONPRESCRIPTION PRODUCT
CONTAINING PSEUDOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELEC-
TRONIC FAILURE OF THE ELECTRONIC SALES TRACKING SYSTEM AND IS UNABLE TO
COMPLY WITH THE ELECTRONIC SALES TRACKING REQUIREMENT, THE RETAILER
SHALL MAINTAIN A WRITTEN LOG OR AN ALTERNATIVE ELECTRONIC RECORDKEEPING
MECHANISM UNTIL SUCH TIME AS THE RETAILER IS ABLE TO COMPLY WITH THE
ELECTRONIC SALES TRACKING REQUIREMENT.
(B) THE REAL-TIME STOP SALE SYSTEM SHALL FORWARD STATE TRANSACTION
RECORDS IN THE REAL-TIME STOP SALE SYSTEM TO THE APPROPRIATE STATE AGEN-
CY WEEKLY, AND PROVIDE REAL-TIME ACCESS TO THE REAL-TIME STOP SALE
SYSTEM INFORMATION THROUGH THE SYSTEM'S ONLINE PORTAL TO LAW ENFORCEMENT
IN THE STATE AS AUTHORIZED BY THE AGENCY.
(C) THIS SYSTEM SHALL BE CAPABLE OF GENERATING A STOP SALE ALERT,
WHICH SHALL BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
IN THE SELLER OR PURCHASER VIOLATING THE QUANTITY LIMITS SET FORTH IN
THIS SECTION. THE SELLER SHALL NOT COMPLETE THE SALE IF THE SYSTEM
GENERATES A STOP SALE ALERT. THE SYSTEM SHALL CONTAIN AN OVERRIDE FUNC-
TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
HAS A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE A
S. 4652 3
SALE. EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
5. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEA-
NOR, PUNISHABLE BY FINE ONLY.
(A) THIS SECTION DOES NOT APPLY TO A PERSON WHO OBTAINS THE PRODUCT
PURSUANT TO A VALID PRESCRIPTION.
(B) NOTHING IN THIS SECTION REQUIRES THE BUYER TO OBTAIN A
PRESCRIPTION FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
6. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY WHO KNOWINGLY VIOLATES SUBDIVISION
TWO, THREE, FOUR OR FIVE OF THIS SECTION SHALL, FOR THE FIRST SUCH
VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVER-
ABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICI-
PALITY OR POLITICAL SUBDIVISION.
7. AN OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY BUSINESS ENTITY
THAT OFFERS FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE EMPLOYEE OR
AGENT IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO, THREE,
FOUR OR FIVE OF THIS SECTION IS NOT SUBJECT TO THE CIVIL PENALTIES OR
CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
(A) DID NOT HAVE PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
(B) DOCUMENTS THAT AN EMPLOYEE TRAINING PROGRAM WAS IN PLACE TO
PROVIDE THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND FEDERAL
LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
8. THIS SECTION DOES NOT APPLY TO:
(A) METHAMPHETAMINE PRECURSOR DRUGS CERTIFIED BY THE STATE BOARD OF
PHARMACY AS BEING MANUFACTURED IN A MANNER THAT PREVENTS THE DRUG FROM
BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
(B) METHAMPHETAMINE PRECURSOR DRUGS OBTAINED PURSUANT TO A VALID
PRESCRIPTION.
9. THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DIVISION OF
STATE POLICE, SHALL CERTIFY METHAMPHETAMINE PRECURSOR DRUGS THAT MEET
THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION
AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
10. THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS GOVERN-
ING THE SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS CONTAINING EPHED-
RINE OR PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION ARE VOID.
S 2. This act shall take effect January 1, 2014. Effective immediate-
ly, the addition, amendment, and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made on or before such date.

S4652A - Details

Law Section:

General Business Law

Laws Affected:

Add §391-oo, Gen Bus L

S4652A - Summary

Regulates the sale of methamphetamine precursor drugs.

S4652A - Sponsor Memo

BILL NUMBER:S4652A
TITLE OF BILL: An act to amend the general business law, in relation
to the sale of over-the-counter methamphetamine precursor drugs
PURPOSE OR GENERAL IDEA OF BILL: To implement an electronic tracking
system on the sale of products containing pseudoephedrine, or
ephedrine. This system will communicate in real time, across state
lines and produce a stop sale notification to the seller of the
product.
SUMMARY OF SPECIFIC PROVISIONS: Creates a new section in the general
business law, Section 391-oo, including but not limited to, the
following provisions:
-limits the over the counter sale to packages containing not more than
3.6 grams of one or more methamphetamine precursor drugs, not to
exceed 9 grams within a 30 day period;
-requires presentation of valid, government issued, photo
identification;
-requires the buyer to sign a written or electronic logbook to be
retained by the seller, which the seller shall maintain for at least
three years and be open to inspection by law enforcement;

-requires a retailer, before completing a sale, to electronically
submit the required information to the real-time, stop-sale system
administered by the division of state police;
-retailers are only required to participate as long as the system is
provided free of charge;
-imposes civil penalties on those who sell methamphetamine precursor
drugs in violation of this law;
-provides immunity for retailers that violate this section without
negligence, wantonness, recklessness, or deliberate misconduct;
-the real-time, stop-sale system is capable of generating a stop sale
alert, which is a notification that completion of the sale would
result in the retailer or purchaser violating the quantity limits set
forth in this section. The retailer shall not complete the sale if the
system generates a stop sale alert, unless threatened by imminent
bodily harm.
JUSTIFICATION: In 2005, the federal government enacted the Combat
Methamphetamine Epidemic Act of 2005 (CMEA), which regulates retail
over-the-counter sales of ephedrine, pseudoephedrine, and
phenylpropanolamine products because of their use in the manufacture
of illegal drugs, specifically methamphetamine. They are also common
ingredients used to make cough, cold, and allergy products. Retail
provisions of the CMEA include daily sales limits and 30-day purchase
limits. Placement of product out of direct customer access, sales
logbooks, customer ID verification, employee training, and
self-certification of regulated sellers. Such legislation is necessary
because it is common for persons manufacturing methamphetamine to
recruit other people to purchase these precursors. While the CMEA has
been helpful to law enforcement when investigating persons suspected
of manufacturing methamphetamine, because no such provisions exist in
state law, local law enforcement and district attorney's offices
cannot pursue violations of purchase limits.
States have led the effort to address the rapid growth of clandestine
methamphetamine labs and methamphetamine abuse, by passing laws
similar to the CMEA regulating the sale of drugs containing
methamphetamine precursors. In fact, nearly all states have passed
laws regulating the sale of precursors to methamphetamine. New York's
laws regarding methamphetamine are found in the penal code, but such
provisions are limited to possession of precursors and manufacturing
materials and actual methamphetamine production. As almost every other
state has done, this bill codifies many of the same standards found in
the CMEA, in an effort to thwart the "spider-web" process that occurs
when methamphetamine manufacturers send multiple people out to
purchase precursors on their behalf. Furthermore, participation in an
electronic tracking system has already been implemented by 26 states.
The U.S. Department of Justice claims that states that have enacted
similar or more restrictive retail regulations have seen a dramatic
drop in small clandestine labs.
PRIOR LEGISLATIVE HISTORY: S.6866-B of 2012
FISCAL IMPLICATIONS: None. The real-time, stop-sale system shall be
free of charge to the retailer.
This system is fully funded by the Consumer Healthcare Products
Association (CEPA), which is a member-based organization of
manufacturers and distributors of non-prescription, over-the-counter
medicines and supplements.
EFFECTIVE: This act shall take effect one the one hundred eightieth
day after it shall have become a law. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
to be made on or before such date.

S T A T E O F N E W Y O R K
________________________________________________________________________
4652--A
2013-2014 Regular Sessions
I N S E N A T E
April 17, 2013
___________
Introduced by Sens. VALESKY, DeFRANCISCO, GRIFFO, LIBOUS, O'MARA, YOUNG
-- read twice and ordered printed, and when printed to be committed to
the Committee on Consumer Protection -- recommitted to the Committee
on Consumer Protection in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to the sale of
over-the-counter methamphetamine precursor drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-oo to read as follows:
S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF THIS SECTION:
(A) "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY COMPOUND, MIXTURE,
OR PREPARATION CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE AS ITS SOLE
ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS; AND
(B) "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED TO BE USED BY
LAW ENFORCEMENT AGENCIES AND PHARMACIES OR OTHER BUSINESS ESTABLISHMENTS
THAT:
(A) IS INSTALLED, OPERATED, AND MAINTAINED FREE OF ANY ONE-TIME OR
RECURRING CHARGE TO THE BUSINESS ESTABLISHMENT OR TO THE STATE;
(B) IS ABLE TO COMMUNICATE IN REAL TIME WITH SIMILAR SYSTEMS OPERATED
IN OTHER STATES AND SIMILAR SYSTEMS CONTAINING INFORMATION SUBMITTED BY
MORE THAN ONE STATE;
(C) COMPLIES WITH THE SECURITY POLICY OF THE CRIMINAL JUSTICE INFORMA-
TION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION;
(D) COMPLIES WITH INFORMATION EXCHANGE STANDARDS ADOPTED BY THE
NATIONAL INFORMATION EXCHANGE MODEL;
(E) USES A MECHANISM TO PREVENT THE COMPLETION OF A SALE OF A PRODUCT
CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR NON-PSEUDOEPHEDRINE THAT WOULD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08144-02-4

S. 4652--A 2
VIOLATE STATE OR FEDERAL LAW REGARDING THE PURCHASE OF A PRODUCT
CONTAINING THOSE SUBSTANCES; AND
(F) IS EQUIPPED WITH AN OVERRIDE OF THE MECHANISM THAT:
(I) MAY BE ACTIVATED BY AN EMPLOYEE OF A BUSINESS ESTABLISHMENT; AND
(II) CREATES A RECORD OF EACH ACTIVATION OF THE OVERRIDE.
2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL TO THE SAME PERSON, AND A
PERSON SHALL NOT PURCHASE, PRODUCTS CONTAINING MORE THAN THREE AND SIX
TENTHS GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY DAY PERIOD OF
EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR ISOMERS. THE LIMITS SHALL
APPLY TO THE TOTAL AMOUNT OF EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED IN
THE PRODUCTS, AND NOT THE OVERALL WEIGHT OF THE PRODUCTS.
3. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE METHAMPHETAMINE
PRECURSOR DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM, CORPORATION,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY
SHALL:
(A) REQUIRE ANY PERSON PURCHASING A NONPRESCRIPTION PRODUCT THAT
CONTAINS PSEUDOEPHEDRINE OR EPHEDRINE TO PRESENT VALID GOVERNMENT ISSUED
PHOTO IDENTIFICATION AT THE POINT OF SALE.
(B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION
TYPE AND NUMBER, SUCH AS DRIVER LICENSE STATE AND NUMBER, AND REQUIRE
THE PURCHASER'S SIGNATURE IN A ELECTRONIC OR PAPER LOGBOOK.
4. A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER
THIS SECTION, ELECTRONICALLY SUBMIT THE REQUIRED INFORMATION TO THE
REAL-TIME STOP SALE SYSTEM ADMINISTERED BY THE DIVISION OF STATE POLICE;
PROVIDED THAT THE SYSTEM IS AVAILABLE WITHOUT A CHARGE TO RETAILERS FOR
ACCESS. ABSENT NEGLIGENCE, WANTONNESS, RECKLESSNESS, OR DELIBERATE
MISCONDUCT, ANY RETAILER UTILIZING THE ELECTRONIC SALES TRACKING SYSTEM
IN ACCORDANCE WITH THIS SUBDIVISION SHALL NOT BE CIVILLY LIABLE AS A
RESULT OF ANY ACT OR OMISSION IN CARRYING OUT THE DUTIES REQUIRED BY
THIS SECTION AND SHALL BE IMMUNE FROM LIABILITY TO ANY THIRD PARTY
UNLESS THE RETAILER HAS VIOLATED ANY PROVISION OF THIS SECTION IN
RELATION TO A CLAIM BROUGHT FOR SUCH VIOLATION.
(A) IF A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SELLING A NONPRESCRIPTION PRODUCT
CONTAINING PSEUDOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELEC-
TRONIC FAILURE OF THE ELECTRONIC SALES TRACKING SYSTEM AND IS UNABLE TO
COMPLY WITH THE ELECTRONIC SALES TRACKING REQUIREMENT, THE RETAILER
SHALL MAINTAIN A WRITTEN LOG OR AN ALTERNATIVE ELECTRONIC RECORDKEEPING
MECHANISM UNTIL SUCH TIME AS THE RETAILER IS ABLE TO COMPLY WITH THE
ELECTRONIC SALES TRACKING REQUIREMENT.
(B) THE REAL-TIME STOP SALE SYSTEM SHALL FORWARD STATE TRANSACTION
RECORDS IN THE REAL-TIME STOP SALE SYSTEM TO THE APPROPRIATE STATE AGEN-
CY WEEKLY, AND PROVIDE REAL-TIME ACCESS TO THE REAL-TIME STOP SALE
SYSTEM INFORMATION THROUGH THE SYSTEM'S ONLINE PORTAL TO LAW ENFORCEMENT
IN THE STATE AS AUTHORIZED BY THE AGENCY.
(C) THIS SYSTEM SHALL BE CAPABLE OF GENERATING A STOP SALE ALERT,
WHICH SHALL BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
IN THE SELLER OR PURCHASER VIOLATING THE QUANTITY LIMITS SET FORTH IN
THIS SECTION. THE SELLER SHALL NOT COMPLETE THE SALE IF THE SYSTEM
GENERATES A STOP SALE ALERT. THE SYSTEM SHALL CONTAIN AN OVERRIDE FUNC-
S. 4652--A 3
TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
HAS A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE A
SALE. EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
5. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEA-
NOR, PUNISHABLE BY FINE ONLY.
(A) THIS SECTION DOES NOT APPLY TO A PERSON WHO OBTAINS THE PRODUCT
PURSUANT TO A VALID PRESCRIPTION.
(B) NOTHING IN THIS SECTION REQUIRES THE BUYER TO OBTAIN A
PRESCRIPTION FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
6. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY WHO KNOWINGLY VIOLATES SUBDIVISION
TWO, THREE, FOUR OR FIVE OF THIS SECTION SHALL, FOR THE FIRST SUCH
VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVER-
ABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICI-
PALITY OR POLITICAL SUBDIVISION.
7. AN OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY BUSINESS ENTITY
THAT OFFERS FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE EMPLOYEE OR
AGENT IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO, THREE,
FOUR OR FIVE OF THIS SECTION IS NOT SUBJECT TO THE CIVIL PENALTIES OR
CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
(A) DID NOT HAVE PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
(B) DOCUMENTS THAT AN EMPLOYEE TRAINING PROGRAM WAS IN PLACE TO
PROVIDE THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND FEDERAL
LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
8. THIS SECTION DOES NOT APPLY TO:
(A) METHAMPHETAMINE PRECURSOR DRUGS CERTIFIED BY THE STATE BOARD OF
PHARMACY AS BEING MANUFACTURED IN A MANNER THAT PREVENTS THE DRUG FROM
BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
(B) METHAMPHETAMINE PRECURSOR DRUGS OBTAINED PURSUANT TO A VALID
PRESCRIPTION.
9. THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DIVISION OF
STATE POLICE, SHALL CERTIFY METHAMPHETAMINE PRECURSOR DRUGS THAT MEET
THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION
AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
10. THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS GOVERN-
ING THE SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS CONTAINING EPHED-
RINE OR PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION ARE VOID.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment, and/or repeal of any rule or regulation necessary for the imple-
mentation of this act on its effective date is authorized to be made on
or before such date.

S4652B (ACTIVE) - Details

Law Section:

General Business Law

Laws Affected:

Add §391-oo, Gen Bus L

S4652B (ACTIVE) - Summary

Regulates the sale of methamphetamine precursor drugs.

S4652B (ACTIVE) - Sponsor Memo

BILL NUMBER:S4652B
TITLE OF BILL: An act to amend the general business law, in relation
to the sale of over-the-counter methamphetamine precursor drugs
PURPOSE OR GENERAL IDEA OF BILL: To implement an electronic tracking
system on the sale of products containing pseudoephedrine, or
ephedrine. This system will communicate in real time, across state
lines and produce a stop sale notification to the seller of the
product.
SUMMARY OF SPECIFIC PROVISIONS: Creates a new section in the general
business law, Section 391-oo, including but not limited to, the
following provisions:
-limits the over the counter sale to packages containing not more than
3.6 grams of one or more methamphetamine precursor drugs, not to
exceed 9 grams within a 30 day period;
-requires presentation of valid, government issued, photo
identification;
-requires the buyer to sign a written or electronic logbook to be
retained by the seller, which the seller shall maintain for at least
three years and be open to inspection by law enforcement;

-requires a retailer, before completing a sale, to electronically
submit the required information to the real-time, stop-sale system
administered by the division of state police;
-retailers are only required to participate as long as the system is
provided free of charge;
-imposes civil penalties on those who sell methamphetamine precursor
drugs in violation of this law;
-provides immunity for retailers that violate this section without
negligence, wantonness, recklessness, or deliberate misconduct;
-the real-time, stop-sale system is capable of generating a stop sale
alert, which is a notification that completion of the sale would
result in the retailer or purchaser violating the quantity limits set
forth in this section. The retailer shall not complete the sale if the
system generates a stop sale alert, unless threatened by imminent
bodily harm.
JUSTIFICATION: In 2005, the federal government enacted the Combat
Methamphetamine Epidemic Act of 2005 (CMEA), which regulates retail
over-the-counter sales of ephedrine, pseudoephedrine, and
phenylpropanolamine products because of their use in the manufacture
of illegal drugs, specifically methamphetamine. They are also common
ingredients used to make cough, cold, and allergy products. Retail
provisions of the CMEA include daily sales limits and 30-day purchase
limits. Placement of product out of direct customer access, sales
logbooks, customer ID verification, employee training, and
self-certification of regulated sellers. Such legislation is necessary
because it is common for persons manufacturing methamphetamine to
recruit other people to purchase these precursors. While the CMEA has
been helpful to law enforcement when investigating persons suspected
of manufacturing methamphetamine, because no such provisions exist in
state law, local law enforcement and district attorney's offices
cannot pursue violations of purchase limits.
States have led the effort to address the rapid growth of clandestine
methamphetamine labs and methamphetamine abuse, by passing laws
similar to the CMEA regulating the sale of drugs containing
methamphetamine precursors. In fact, nearly all states have passed
laws regulating the sale of precursors to methamphetamine. New York's
laws regarding methamphetamine are found in the penal code, but such
provisions are limited to possession of precursors and manufacturing
materials and actual methamphetamine production. As almost every other
state has done, this bill codifies many of the same standards found in
the CMEA, in an effort to thwart the "spider-web" process that occurs
when methamphetamine manufacturers send multiple people out to
purchase precursors on their behalf. Furthermore, participation in an
electronic tracking system has already been implemented by 26 states.
The U.S. Department of Justice claims that states that have enacted
similar or more restrictive retail regulations have seen a dramatic
drop in small clandestine labs.
PRIOR LEGISLATIVE HISTORY: S.6866-B of 2012
FISCAL IMPLICATIONS: None. The real-time, stop-sale system shall be
free of charge to the retailer. This system is fully funded by the
Consumer Healthcare Products Association (CEPA), which is a
member-based organization of manufacturers and distributors of
non-prescription, over-the-counter medicines and supplements.
EFFECTIVE: This act shall take effect one the one hundred eightieth
day after it shall have become a law. Effective immediately, the
addition, amendment, and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
to be made on or before such date.

S T A T E O F N E W Y O R K
________________________________________________________________________
4652--B
Cal. No. 603
2013-2014 Regular Sessions
I N S E N A T E
April 17, 2013
___________
Introduced by Sens. VALESKY, DeFRANCISCO, GRIFFO, LIBOUS, O'MARA, YOUNG
-- read twice and ordered printed, and when printed to be committed to
the Committee on Consumer Protection -- recommitted to the Committee
on Consumer Protection in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee, ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the general business law, in relation to the sale of
over-the-counter methamphetamine precursor drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
391-oo to read as follows:
S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF THIS SECTION:
(A) "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY COMPOUND, MIXTURE,
OR PREPARATION CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE AS ITS SOLE
ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS; AND
(B) "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED TO BE USED BY
LAW ENFORCEMENT AGENCIES AND PHARMACIES OR OTHER BUSINESS ESTABLISHMENTS
THAT:
(A) IS INSTALLED, OPERATED, AND MAINTAINED FREE OF ANY ONE-TIME OR
RECURRING CHARGE TO THE BUSINESS ESTABLISHMENT OR TO THE STATE;
(B) IS ABLE TO COMMUNICATE IN REAL TIME WITH SIMILAR SYSTEMS OPERATED
IN OTHER STATES AND SIMILAR SYSTEMS CONTAINING INFORMATION SUBMITTED BY
MORE THAN ONE STATE;
(C) COMPLIES WITH THE SECURITY POLICY OF THE CRIMINAL JUSTICE INFORMA-
TION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08144-03-4

S. 4652--B 2
(D) COMPLIES WITH INFORMATION EXCHANGE STANDARDS ADOPTED BY THE
NATIONAL INFORMATION EXCHANGE MODEL;
(E) USES A MECHANISM TO PREVENT THE COMPLETION OF A SALE OF A PRODUCT
CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR NON-PSEUDOEPHEDRINE THAT WOULD
VIOLATE STATE OR FEDERAL LAW REGARDING THE PURCHASE OF A PRODUCT
CONTAINING THOSE SUBSTANCES; AND
(F) IS EQUIPPED WITH AN OVERRIDE OF THE MECHANISM THAT:
(I) MAY BE ACTIVATED BY AN EMPLOYEE OF A BUSINESS ESTABLISHMENT; AND
(II) CREATES A RECORD OF EACH ACTIVATION OF THE OVERRIDE.
2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL TO THE SAME PERSON, AND A
PERSON SHALL NOT PURCHASE, PRODUCTS CONTAINING MORE THAN THREE AND SIX
TENTHS GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY DAY PERIOD OF
EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR ISOMERS. THE LIMITS SHALL
APPLY TO THE TOTAL AMOUNT OF EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED IN
THE PRODUCTS, AND NOT THE OVERALL WEIGHT OF THE PRODUCTS.
3. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE METHAMPHETAMINE
PRECURSOR DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM, CORPORATION,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY
SHALL:
(A) REQUIRE ANY PERSON PURCHASING A NONPRESCRIPTION PRODUCT THAT
CONTAINS PSEUDOEPHEDRINE OR EPHEDRINE TO PRESENT VALID GOVERNMENT ISSUED
PHOTO IDENTIFICATION AT THE POINT OF SALE.
(B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION
TYPE AND NUMBER, SUCH AS DRIVER LICENSE STATE AND NUMBER, AND REQUIRE
THE PURCHASER'S SIGNATURE IN A ELECTRONIC OR PAPER LOGBOOK.
4. A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER
THIS SECTION, ELECTRONICALLY SUBMIT THE REQUIRED INFORMATION TO THE
REAL-TIME STOP SALE SYSTEM ADMINISTERED BY THE DIVISION OF STATE POLICE;
PROVIDED THAT THE SYSTEM IS AVAILABLE WITHOUT A CHARGE TO RETAILERS FOR
ACCESS. ABSENT NEGLIGENCE, WANTONNESS, RECKLESSNESS, OR DELIBERATE
MISCONDUCT, ANY RETAILER UTILIZING THE ELECTRONIC SALES TRACKING SYSTEM
IN ACCORDANCE WITH THIS SUBDIVISION SHALL NOT BE CIVILLY LIABLE AS A
RESULT OF ANY ACT OR OMISSION IN CARRYING OUT THE DUTIES REQUIRED BY
THIS SECTION AND SHALL BE IMMUNE FROM LIABILITY TO ANY THIRD PARTY
UNLESS THE RETAILER HAS VIOLATED ANY PROVISION OF THIS SECTION IN
RELATION TO A CLAIM BROUGHT FOR SUCH VIOLATION.
(A) IF A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SELLING A NONPRESCRIPTION PRODUCT
CONTAINING PSEUDOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELEC-
TRONIC FAILURE OF THE ELECTRONIC SALES TRACKING SYSTEM OR IS OTHERWISE
UNABLE TO COMPLY WITH THE ELECTRONIC SALES TRACKING REQUIREMENT, THE
RETAILER SHALL MAINTAIN A WRITTEN LOG OR AN ALTERNATIVE ELECTRONIC
RECORDKEEPING MECHANISM UNTIL SUCH TIME AS THE RETAILER IS ABLE TO
COMPLY WITH THE ELECTRONIC SALES TRACKING REQUIREMENT.
(B) THE REAL-TIME STOP SALE SYSTEM SHALL FORWARD STATE TRANSACTION
RECORDS IN THE REAL-TIME STOP SALE SYSTEM TO THE APPROPRIATE STATE AGEN-
CY WEEKLY, AND PROVIDE REAL-TIME ACCESS TO THE REAL-TIME STOP SALE
SYSTEM INFORMATION THROUGH THE SYSTEM'S ONLINE PORTAL TO LAW ENFORCEMENT
IN THE STATE AS AUTHORIZED BY THE AGENCY.
S. 4652--B 3
(C) THIS SYSTEM SHALL BE CAPABLE OF GENERATING A STOP SALE ALERT,
WHICH SHALL BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
IN THE SELLER OR PURCHASER VIOLATING THE QUANTITY LIMITS SET FORTH IN
THIS SECTION. THE SELLER SHALL NOT COMPLETE THE SALE IF THE SYSTEM
GENERATES A STOP SALE ALERT. THE SYSTEM SHALL CONTAIN AN OVERRIDE FUNC-
TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
HAS A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE A
SALE. EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
5. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEA-
NOR, PUNISHABLE BY FINE ONLY.
(A) THIS SECTION DOES NOT APPLY TO A PERSON WHO OBTAINS THE PRODUCT
PURSUANT TO A VALID PRESCRIPTION.
(B) NOTHING IN THIS SECTION REQUIRES THE BUYER TO OBTAIN A
PRESCRIPTION FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
6. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY WHO KNOWINGLY VIOLATES SUBDIVISION
TWO, THREE, FOUR OR FIVE OF THIS SECTION SHALL, FOR THE FIRST SUCH
VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVER-
ABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICI-
PALITY OR POLITICAL SUBDIVISION.
7. AN OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY BUSINESS ENTITY
THAT OFFERS FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE EMPLOYEE OR
AGENT IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO, THREE,
FOUR OR FIVE OF THIS SECTION IS NOT SUBJECT TO THE CIVIL PENALTIES OR
CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
(A) DID NOT HAVE PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
(B) DOCUMENTS THAT AN EMPLOYEE TRAINING PROGRAM WAS IN PLACE TO
PROVIDE THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND FEDERAL
LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
8. THIS SECTION DOES NOT APPLY TO:
(A) METHAMPHETAMINE PRECURSOR DRUGS CERTIFIED BY THE STATE BOARD OF
PHARMACY AS BEING MANUFACTURED IN A MANNER THAT PREVENTS THE DRUG FROM
BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
(B) METHAMPHETAMINE PRECURSOR DRUGS OBTAINED PURSUANT TO A VALID
PRESCRIPTION.
9. THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DIVISION OF
STATE POLICE, SHALL CERTIFY METHAMPHETAMINE PRECURSOR DRUGS THAT MEET
THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION
AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
10. THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS GOVERN-
ING THE SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS CONTAINING EPHED-
RINE OR PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION ARE VOID.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment, and/or repeal of any rule or regulation necessary for the imple-
mentation of this act on its effective date is authorized to be made on
or before such date.

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